A big problem for foreign companies in Romania is understanding the legal framework. Also the public procurement system is a special one which, although aligned with the European Union provisions, has its own particularities. And "hell is in the details" as any company that has been active in international markets knows. This is why we offer you support in understanding the Romanian legislation, access to top lawyers and legal experts with whom we have been collaborating for a long time.
Even the managing director of our company, Mr. Madalin Matica, graduated from the Faculty of Law in 1994.
The basic package is included in the services offered by M Infra Design & Management but the specialized services offered by our collaborators are agreed directly with them.
Even so, M Infra Design & Management is present in your place at the meetings with them, makes efforts of translation of documents, filing of documents and all the work that requires a physical presence. Just estimate the costs of these trips from your main office.
Otherwise, we try to keep everything in the area of online meetings.
Legislation
Public procurement legislation in Romania is mainly governed by Law No 98/2016 on Public Procurement (Public Procurement Law), which has been amended and supplemented several times since its entry into force. This law implements the European public procurement directives in Romania. There are also several additional pieces of legislation in the field of public procurement, including orders and regulations issued by the National Authority for Administration and Regulation in Communications (ANCOM).
Here are some key aspects of public procurement legislation in Romania:
1. **Public Procurement Procedures:** The Public Procurement Law establishes different procedures for public procurement, such as open procedure, restricted procedure, competitive dialogue procedure and innovation partnership procedure.
2. **Contract Value:** Public procurement regulations apply to contracts with a value equal to or greater than certain limits, which vary depending on the type of contract and the procuring entity.
3. **Procurement documentation:** Contracting entities must draw up and publish tender documentation containing information about the procurement, evaluation criteria and deadlines.
4. **Publication of notices:** Contracting entities must publish procurement notices in the Electronic Public Procurement System (SEAP), which is the main electronic platform for public procurement in Romania.
5. **Evaluation Procedure:** The criteria for evaluating tenders must be transparent and proportionate to the objective of the procurement.
6. **Cancellation and Challenge of Decisions:** Procedures for cancelling award decisions or challenging them are regulated, including through the National Council for the Settlement of Disputes (CNSC).
7. **Sustainable Procurement:** The Public Procurement Law encourages sustainable public procurement and compliance with social and environmental standards.
8. **Special Regulations:** There are special regulations for procurement in areas such as defence and security, energy, utilities, water sector, health and others.
9. **Rules for Small and Medium-Sized Enterprises (SMEs):** The Public Procurement Law provides facilities for SMEs, such as specific tendering procedures and longer deadlines for preparing tenders.
It is important to note that public procurement legislation in Romania is subject to periodic changes and updates. We follow for our clients the full text of the Public Procurement Law, the communications and updates of the competent authorities in the field, such as the National Authority for Administration and Regulation in Communications (ANCOM) and the National Authority for Public Procurement
(ANAP).
European Union legislation on public procurement
EU public procurement directives: These directives lay down the rules on public procurement in the EU, including tendering, contract award and dispute resolution procedures.
Treaty on the Functioning of the European Union (TFEU): This Treaty lays down the principles of equal treatment, transparency and non-discrimination in the field of public procurement.
Public Procurement Regulation: This regulation lays down the rules on the procurement of goods, services and works by public authorities and services.
Remedies Directive: This Directive sets out the rights of suppliers to challenge public procurement decisions and dispute resolution procedures.
Concessions Directive: This Directive sets out the rules on the public procurement of concessions, such as public-private partnerships and service concessions.
All EU Member States must comply with these laws and regulations when organising public tenders. This ensures that public procurement is open, fair and non-discriminatory and that suppliers from all EU countries have equal opportunities to participate in public tenders.